A Study On The Interpretation Of Judicial Documents In Family Affairs In China

Housework interpretation written judgment reasons things out the problem in our country,the reason is the written judgment system of new has the particularity and the typical research topic,in recent years,along with the advancement of housework trial system reform,new family case constantly emerging,and the Supreme Court interpretation reasons things out the problem of continuous attention to the written judgment,housework interpretations reasons things out the written judgment has been hotspot and key problem research as a theoretical and practical circles.Judicial documents,as the key carrier of judicial jurisdiction,together bear the micro demands of the litigants and the macro expectations of the judicial audience.They are the concentrated embodiment of the trial philosophy of the people’s court and the reasoning level of the judge.The unique personality and public welfare of family cases are also the proper carrier for the combination of judicial work and social governance.The reform of family adjudication system in China started late.Currently,there is no independent family litigation law,and the interpretation and reasoning of family adjudication documents are only generally applicable to the making norms of civil adjudication documents.Since the reform of family adjudication in 2016,the active exploration of judicial reasoning by local pilot courts and the promulgation of the Guiding Opinions on Strengthening and Regulating the Interpretation of Judicial Documents have left room for the study of the interpretation of judicial documents in family adjudication.Based on this,this article through empirical study,in the reform of one hundred family court extract seventy articles written judgment for carding and analysis,clarify the current our country family interpretation written judgment reasons things out the problems existing in the process of the status,respectively from the fact that applicable law reasoning,reasoning and discretionary reasons things out the three aspects in detail,and then from the aspects such as cultural tradition,subjective cognition and institutional guarantee to explore our country family behind the cause of the interpretations argue lack written judgment.Combined with the specific provisions in the Guiding Opinions and guided by the principles,jurisprudence,rationality and literature that need to be followed in the making of judgment documents,this paper further discusses the perfect path of interpretation and reasoning for family judgment documents.Then,with the help of supporting system reforms such as the separation of simplification and complexity,document evaluation,and encouragement of judge reasoning,it provides an effective way of expression and practical experience for the interpretation of legal reasoning in family adjudication documents.